Family sues school district over TB test requirements

The couple, Maureen and John Drummond, in a 70-page suit filed
in Superior Court, Morristown, claim their three children were
prevented from attending classes because of their religious
beliefs. They have a daughter in first grade at Kossmann School and
two sons, in seventh and eighth grade at the Long Valley Middle
School.

The children were out of school for about three months until an
administrative law judge ruled last November that the children
could attend without having the TB test.

District officials have declined to comment on the current
lawsuit.

The Drummonds, who moved to the township from Illinois during
the summer, told the district that their children were not
inoculated for traditional childhood diseases because of their
religious beliefs.

In an interview Monday, Maureen Drummond, declined to identify
their religious affiliation.

The Drummonds said district administrators told them in the fall
of 2000 that they had no problem with the children not having their
inoculations. However, then-Schools Superintendent Dolly Cinquino
told the family that the children still had to get a Mantoux test,
which shows a person's susceptibility to contracting tuberculosis
test.

Cinquino Challenged

The family fought Cinquino's request and asked for a copy of the
law, if there was one, stating that students have to have a Mantoux
test.

On Monday, the Drummonds said they still have not received a
copy of a law saying the test is mandatory.

Throughout the fall of 2000 and 2001, the district continued to
ask the family to have their children take the Mantoux
test.

In the ensuing months, Cinquino quit as district superintendent
and the district brought in John Deibert as acting
superintendent

In June 2001, Deibert wrote the Drummonds that their children
would not be permitted to attend classes in the fall of 2001
without the Mantoux test.

Once again, the Drummonds asked for a copy of any law that
stated students require a Mantoux test and again the board did not
provide one, said Mr. Drummond.

Weeks said Deibert's letter came in August 2001. It said that
without a valid Mantoux test the children would not be permitted to
attend school when it started the following month, Weeks
said.

Deibert then extended the deadline to October. Weeks said her
clients offered to provide the board with chest X-rays of the
children and sputum tests to show they do not have TB.

At the end of September, Weeks said the family retained her
services and she, in turn, offered to work the matter out with the
district.

"We talked about the family's First Amendment rights and right
to due process," Weeks said.

The sides were unable to resolve their differences and on Oct.
19 the family was told not to send their children back to
school.

"Our daughter who was in kindergarten didn't understand and
cried about not being able to go back to school," Mrs. Drummond
said. "The children love school. This was hard for them to
understand. It is a place for them to grow and be with their
peers.

"Their classmates would call up worried if they were sick and
asking when they would be back in school," she recalled.

"We were appalled," said Mr. Drummond of his and his wife's
reaction to the district's action.

For the next two weeks, Mrs. Drummond went to the childrens'
schools and picked up their class work.

"We asked for tutors for the children but the board said they
had to be out for two weeks before they would provide them and when
they did it would only be for five hours for each child per week
and then only at night,," Mr. Drummond said.

The two boys play sports in the evening so having to be tutored
during the evening was a double affront, Mrs. Drummond
said.

Weeks said that after the children were kicked out of school,
the Drummonds offered to provide X-rays and statements from
radiologists about the Mantoux test and its lack of accuracy in
predicting a person's susceptibility to TB.

Weeks said the only real and accepted way to determine if
someone has TB is through a chest X-ray or sputum test.

Weeks said she contacted the state Department of Health and
officials there, agreed with the family's position and ordered the
district to let the kids back into school.

After the health department's letter, the board offered to
settle matters with the family, but Weeks said they were determined
to press forward and in November of last year, a state
Administrative Law Judge heard the case and ruled in favor of the
family.

The family is now suing to recover the costs for the
suit.

"The board must be made to understand that they have to obey the
law," Weeks said.

"But they don't seem to get it," Weeks said. "They still have it
on their web site that students entering kindergarten have to take
a Mantoux test to get in and the law does not say that."

The family has asked in the suit to be reimbursed for attorney
fees and is seeking punitive and compensatory fees. Weeks would not
put a dollar figure on those fees.

They are also suing saying their federal civil rights had been
violated as had their rights of freedom of religion and right to
due process under the Constitution.

"It all cost a lot of money and the winning of the case does not
compensate us for the costs of it," Mr. Drummond said.

"They didn't say they were sorry and haven't acknowledged that
they were wrong."

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In recent weeks, Long Hill Township and Watchung Borough passed ordinances allowing their police departments to be able to apply for surplus equipment from the Department of Defense. Long Hill recently procured a Humvee to use in times of flooding, which Watchung states as the reason they are getting into the program. However, in cities around the country, police forces have used the program to obtain military gear, such as weapons and armor.
For more background, go to the link below
http://www.newjerseyhills.com/echoes-sentinel/news/watchung-police-department-hopes-to-receive-equipment-from-department-of/article_12ad002a-92b3-5449-a2cc-4b2cf0ce4339.html